Lawyers, Answer Questions  & Get Points Log In
New York Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for New York on
Q: I am currently the temporary guardian of my son’s 17y friend. Do I need a lawyer?

The father is sending me requests for things requiring his case, but he is doing it without legal advise or a lawyer. Court says I don’t qualify for a lawyer due to me being just the temp. Guardian not sure what to do.

1 Answer | Asked in Consumer Law, Family Law and Civil Rights for New York on
Q: My father accrued debt in my name. I have evidence of trying to be removed. I am wondering options I have in this case

My Father accrued 16,000 in debt on a lease in my name (& his) when I was 19 and I have never been or lived there…(I am on a lease now here where I live NYC and have been living here since I got out of the navy in 2021) back in 2021 I tried to remove my name from the lease & have proof of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

In your situation, gathering and organizing all relevant evidence is crucial, including emails, documents, and any communication showing your intent to be removed from the lease and your non-consent to its renewal. This evidence can support your claim that you were not responsible for the debt... View More

0 Answers | Asked in Family Law and Child Custody for New York on
Q: My ex wife and ex mother-in-law law had tricked me into, which I believe was signing all my guardianship rights over

How to go about this and see if they did. They said it was only for temporary guardianship and now that I keep researching it I believe they lied

0 Answers | Asked in Family Law for New York on
Q: sole legal and physical custody US passport

Hi, I have sole legal and physical custody of my 2 year old, I’d like to apply for her US passport in NY state but wanted to know if the other parent can access that information, even if they don’t have custody . My child and I have a protection order from other parent for the next 2 years.

2 Answers | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Family Law for New York on
Q: What is the likelihood of appellate court obtaining jurisdiction in a custody case if judicial misconduct is proven?

I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024

If judicial misconduct is proven and relevant to your case, it could significantly impact the appellate court's decision to obtain jurisdiction. Courts take claims of judicial misconduct seriously, especially if they affect the fairness and integrity of the legal process. However, proving... View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can a copy of transcripts of previous proceedings be used as evidence exhibit/reference in response/answering papers?

Can i use what was said on the record in a previous hearing of my case? The relevance is what opp counsel stated in their affirmation or lack thereof and what was said on the record are conflicting. I’ve already paid for & received the transcripts; writing response papers i have cited the... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 21, 2024

The short answer to your question is yes they may be used as exhibits

1 Answer | Asked in Family Law and Child Support for New York on
Q: I busted a senior support magistrate who withheld vital evidence and aided in a 32000 dollar fraud on the courts and me

this happened in Suffolk County NY I have all the evidence and now the courts are going out of there way to cover this up. I am a disabled person with a TBI and I live out of state

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

There is no question here. There is nothing to say.

1 Answer | Asked in Family Law for New York on
Q: I am an adult muslim female marrying an adult nonmuslim man. We will do a nikkah and a separate legal marriage

I am an adult muslim female marrying an adult nonmuslim man. We will do a nikkah and a separate legal marriage (license/ certificate). What is the legal implication of the nikkah ?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 5, 2024

A religious ceremony has no legal effect. Only the marraige license has legal effect and is to be signed by an officient.

0 Answers | Asked in Family Law for New York on
Q: Can a clergyman perform a wedding for a couple that intends to get a marriage license but won't have time b4 the wedding

They are a well intentioned couple, just that the groom is missing his birth certificate and they won't have time to get a new one before their wedding. Wedding to take place in NY. Is this legal for the clergyman?

2 Answers | Asked in Consumer Law, Identity Theft, Tax Law and Family Law for New York on
Q: How do I get protection before the relationship gets bad all the things I am experiencing who do I start with

Just need to get safe with the things we developed throughout business and our personal day life like bills etc

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2024

There might be more here than can be sorted out in a brief Q & A response. These could include the nature of the business entity, its structure, your agreements, your contributions to business, etc. One option could include sitting down with an attorney and discussing in confidence what... View More

View More Answers

1 Answer | Asked in Family Law and Child Support for New York on
Q: What is required regarding college acceptance for my daughter with her father - do I need approval or is notification OK

Divorce agreement states each party shall be informed of any major decisions to be made concerning education of the children and consent of both parties shall be obtained prior to making any decisions. Agreement ALSO states it is the parties' intention that the children attend college until... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

We are unable to accurately guide and advise an asker as to what the meaning of a snippet of a stip (the stipulation of settlement of the parties ending the divorce action) really says. We would be embarking on a risky ride down troubling lane.

Nonetheless, assuming arguendo that the asker...
View More

1 Answer | Asked in Family Law and Civil Rights for New York on
Q: Delayed Birth Certificate or declaratory judgment in the place of birth certificate. Had been waiting and applying for

Good Morning 

Delayed Birth Certificate or Declaratory judgment in place of it

Written on the behalf of xx, an 65 years of age gentleman that has sobered up.

Until then he lived in Charlotte Street South Bronx with single mother and was born in Lincoln hospital.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

Consulting with a legal professional who understands the intricacies of New York's legal system regarding birth records can provide guidance on this issue, ensuring that all necessary documentation and evidence are properly organized and presented.

1 Answer | Asked in Civil Litigation and Family Law for New York on
Q: Can I sue my sister if she took my car that I paid for because she allowed me to use her credit to qualify?

My sister allowed me to use her credit to help me qualify to finance a car.

My paystubs and employment was used and I made all the payments on the car. A few years later she was upset and decided to take the car from me because she claims “it’s her car”.

She has made ZERO... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

In a situation where you've made all the payments on a car financed using someone else's credit, but the car is legally under their name, and they've taken it from you, you may have grounds to pursue legal action to recoup your investment. Documentation of all the payments... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: Help regarding divroce case

I filled my divroce case 08/18/2023 so today i see update in e court website apperance date is 01/12/2023

Court date purpose : Uncontested Matrimonial-Initial Submission

Fully Virtual : No

Court Date Type : Administrative

What that mean please help me to... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

We attorneys understand without a doubt that New York's economy is severely challenged, and that the public's ability to retain attorneys to represent them in divorces is equally challenged. We do the best we can within the constraints imposed upon us by numerous ethical rules, but we... View More

1 Answer | Asked in Family Law for New York on
Q: My wife was in a rehab facility had a sexual relationship with another patient. Can I sue facility?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

There is no statute that regulates sexual conduct within a hospital. Individual physician ethical codes prohibit sexual contact between doctors and patients. Perhaps employment regulations prohibit sexual contact between staff and patients.

However, all of these remedies are non-court...
View More

1 Answer | Asked in Family Law for New York on
Q: Is there a timeframe in NY state in which custodial parents have to submit medical bills to noncustodial parent?

Custodial parent told noncustodial parent about child getting braces in Sept 2021. Noncustodial parent asked for itemized bill to see what their portion (50/50) would be. Custodial parent never sent any bills. Feb 2024 custodial parent demands $580 by text with pictures of bills dating back to... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024

No.

New York's Article 4 of the Family Court Act has no provision for deadlines of bills for unreimbursed medical expenses. Therefore, the determination of whether a bill is "reasonable" falls on the support magistrate doing the enforcement. Some magistrates will limit the...
View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

David P. Badanes
PREMIUM
David P. Badanes
answered on Feb 18, 2024

It is correct that SCU can only take a portion of the payor's income to pay for child support.

However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.